Huhn v. Facebook, Inc.

Filing 24

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 Stipulation Order re: Briefing on 7 Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 8/10/2016)

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1 2 3 4 5 6 7 KEKER & VAN NEST LLP MICHAEL D. CELIO - # 197998 mcelio@kvn.com BENEDICT Y. HUR - # 224018 bhur@kvn.com JUSTINA SESSIONS - # 270914 jsessions@kvn.com 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415 391 5400 Facsimile: 415 397 7188 Attorneys for Defendant FACEBOOK, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 JASON HUHN, Case No. 3:16-cv-04035-HSG 12 Plaintiff, 13 STIPULATION AND ORDER RE: BRIEFING ON MOTION TO DISMISS v. 14 FACEBOOK, INC., 15 Dept.: Judge: Courtroom 10, 19th Floor Hon. Haywood S. Gilliam, Jr. Defendant. 16 Trial Date: None Set 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE: BRIEFING ON MOTION TO DISMISS Case No. 3:16-cv-04035-HSG 1082125 1 2 Plaintiff Jason Huhn and Defendant Facebook, Inc. (“Facebook”), through their respective counsel of record, stipulate as follows: 3 4 WHEREAS, Facebook removed this action to the United States District Court for the District of New Jersey on June 22, 2016; 5 6 WHEREAS, Facebook filed a motion to transfer to this Court and a motion to dismiss the complaint on July 13, 2016 and noticed both motions for hearing on August 15, 2016; 7 8 WHEREAS, the United States District Court for the District of New Jersey granted Facebook’s motion to transfer on July 15, 2016; 9 10 WHEREAS, this case was assigned to United States Magistrate Judge Jacqueline Scott Corley on July 20, 2016; 11 WHEREAS, after Plaintiff declined magistrate jurisdiction, the Clerk of Court vacated all 12 pending hearing dates and ordered the parties to re-notice hearings upon reassignment on July 22, 13 2016; WHEREAS, Facebook has re-noticed its motion to dismiss for hearing on September 22, 14 15 2016; WHEREAS, Plaintiff’s time to oppose the motion to dismiss has passed and Plaintiff 16 17 seeks an extension of time to file its opposition; and WHEREAS, Facebook has agreed to Plaintiff’s request for an extension of time and 18 19 Plaintiff has agreed to provide Facebook with additional time to file its reply; and 20 21 WHEREAS, the briefing schedule below provides for the motion to be fully briefed 28 days before the hearing; 22 THEREFORE, the parties stipulate and agree that, subject to the Court’s approval, further 23 briefing on Facebook’s motion to dismiss shall proceed as follows: 24  Plaintiff’s opposition shall be due August 11, 2016. 25  Facebook’s reply shall be due August 25, 2016. 26 27 28 Good cause supports this stipulated request, as set forth in the Declaration of Benedict Y. Hur. Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that all signatories 1 STIPULATION AND [PROPOSED] ORDER RE: BRIEFING ON MOTION TO DISMISS Case No. 3:16-cv-04035-HSG 1082125 1 have concurred in its filing. 2 3 Dated: August 3, 2016 4 THE GLAPION LAW FIRM, LLC By: 5 /s/ Jeremy M. Glapion JEREMY M. GLAPION Attorneys for Plaintiff JASON HUHN 6 7 8 Dated: August 3, 2016 KEKER & VAN NEST LLP 9 By: 10 11 12 /s/ Benedict Y. Hur MICHAEL D. CELIO BENEDICT Y. HUR JUSTINA SESSIONS Attorneys for Defendant FACEBOOK, INC. 13 14 ORDER 15 16 PURSUANT TO STIPULATION, IT IS SO ORDERED. 17 18 19 Dated: August 10, 2016 ________________________________________ HON. HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER RE: BRIEFING ON MOTION TO DISMISS Case No. 3:16-cv-04035-HSG 1082125

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